Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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B0nd,
Actually you don't have to. She mailed this to both the plaintiff and defendant. Louis Bloom is an O.K. judge. She is a Magistrate Judge, so she only can "recommend" to the judge presiding your case. The judge normally follows the recommendation from the Magistrate Judge, though.
If I am not mistaken, you will be working with AUSA Ronald Kish. He is a really nice guy, be kind to him and push for answers why it took so long.
Question regarding "return of service" (i.e, the back of Summons)
Hi, so now my Complaints/Summons have been received by all defendants. I have printed the "track and confirm" pages from usps.gov, and asked my wife (who is not a plaintiff) to fill the "return of service" form on the back of Summons. I also prepared a "certificate of service". My understanding is I need to send these documents to the court and the local U.S. attorney's office. But when I call the court clerk's office today I was told that these documents need to be "stamped" by them. I have 2 questions: 1) do I need to get a stamped copy of these documents and then send them to U.S. attorney? 2) do I need to send copies to the defendants also? Thanks
Hi, so now my Complaints/Summons have been received by all defendants. I have printed the "track and confirm" pages from usps.gov, and asked my wife (who is not a plaintiff) to fill the "return of service" form on the back of Summons. I also prepared a "certificate of service". My understanding is I need to send these documents to the court and the local U.S. attorney's office. But when I call the court clerk's office today I was told that these documents need to be "stamped" by them. I have 2 questions: 1) do I need to get a stamped copy of these documents and then send them to U.S. attorney? 2) do I need to send copies to the defendants also? Thanks
You only need to file "return of service" for all summons with the court. No need for a certificate of service and no need to send it to AUSA. After this, everything you file with the court should have a "Certificate of service". Here is how it works: you send papers to AUSA via first-class, then go to court and file the same with the court. Certificate of service would say that you served the filing upon AUSA via mail. Court will stamp your copy of the filing.
mustafa34kc
Registered Users (C)
Hi Lazycis, Jefkorn .. Do you guys have any recommendation how I should handle this issue.I have got conflicting feedback. My lawyer's assistant told me I should not bring it up since it is a city issue ? What do you guys think ?
Hi Mustafa,
Regarding Q4 on N-445: I would leave it blank. Technically, you do not have to answer those questions ("Submission of the information is voluntarily") and they cannot cancel your oath if you leave it blank. If IO brings it to your attention, explain your situation and ask IO what you should answer.
mustafa34kc
Registered Users (C)
Please explain how the litigation against uscis work
if my attorney files a motion for summary judgement, and ausa thinks he likes opposing it, can he ask megistrate judge for oral arguments.
today ausa informed my attorney he does not want him to listen in on the conv if he calls my wife. i went to three other lawyers and they said it is not a good idea. if i ask my attorney to file for summary judgment, what will happen next. ausa is saying that if i do not let him talk to my ex wife, it is not a good moral character..what the hell is that
if my attorney files a motion for summary judgement, and ausa thinks he likes opposing it, can he ask megistrate judge for oral arguments.
today ausa informed my attorney he does not want him to listen in on the conv if he calls my wife. i went to three other lawyers and they said it is not a good idea. if i ask my attorney to file for summary judgment, what will happen next. ausa is saying that if i do not let him talk to my ex wife, it is not a good moral character..what the hell is that
In my understanding, your N-400 was denied on procedural grounds, not because of the lack of GMC. So it doesnt not make any sense to let AUSA interview your ex. Did USCIS reopen your N-400 first? You are asking court at this point to set aside the denial as "arbitrary, capricious, an abuse of discretion" using 5 USC 702. After that, USCIS should make a determination regarding your GMC. Let your lawyer explain this to AUSA.
immigrant7777
Registered Users (C)
Citizenship Timeline
D/O: NYC
09/28/2007: Priority Date
02/06/2008: FP Appointment
08/27/2008: Interview Appointment at 26 Fed Plaza; Decision can not be made
11/24/2008: Submitted Additional Documents
12/12/2008: Reinterview + Additional Documents = Decision can not be made
12/27/2008: Service Request; Wait for another 60 days
01/05/2009: Infopass; No outcome
02/27/2009: Service Request; Background check pending, wait for another 6 months.
04/13/2009: Filed lawsuit, 1447(b)
I thought USCIS not scheduling interviews without name check done. Is this an exception?
I RECEIVED THE CARD TODAY! THANK YOU, lazycis, and many others who post their experience and instructions here about WOM. Without your generous help, I have no chance to file WOM on myself.
If interested you can read my earlier posts in the last 2-3 wks. My 485 was filed at TSC in 01/2005, PD 03/2004, visa number currently available. Did fingerprints twice, in 2005 and 2006. I-485 was stuck at FBI name check first for about 3 years which was cleared in early 2008 (based on info received from USCIS and senator). I was too lazy and trusted USCIS too much to file WOM sooner. Long story short, I was encourged by posts in this forum and decided to file a WOM on my own. Submitted WOM pro se to North Illinois court exactly 2 weeks ago, and mailed WOM to TSC and other defendants on the same day. Last week I got a fingerprint notice, making me think that TSC finally started to work on my case. THe FP notice was dated 4/22, six days after the WOM was sent, and presumably after TSC received the WOM. Then today, to my surprise, I received the actual CARD. The approval date on the card is 4/24. Most likely, I think, TSC has a special unit or a person taking care of WOM related cases. Since my I-485 really has no weakness at all, they did not wait to approve it after seeing the WOM.
I have not heard from AUSA yet. In fact, I have not submitted "return of service" to the court yet. Now I have to figure out how to withdraw WOM, I guess. Spending $350 to get the card in 2 weeks, I consider it a good deal ;-)
By the way, do I still need to go do the fingerprint??
If interested you can read my earlier posts in the last 2-3 wks. My 485 was filed at TSC in 01/2005, PD 03/2004, visa number currently available. Did fingerprints twice, in 2005 and 2006. I-485 was stuck at FBI name check first for about 3 years which was cleared in early 2008 (based on info received from USCIS and senator). I was too lazy and trusted USCIS too much to file WOM sooner. Long story short, I was encourged by posts in this forum and decided to file a WOM on my own. Submitted WOM pro se to North Illinois court exactly 2 weeks ago, and mailed WOM to TSC and other defendants on the same day. Last week I got a fingerprint notice, making me think that TSC finally started to work on my case. THe FP notice was dated 4/22, six days after the WOM was sent, and presumably after TSC received the WOM. Then today, to my surprise, I received the actual CARD. The approval date on the card is 4/24. Most likely, I think, TSC has a special unit or a person taking care of WOM related cases. Since my I-485 really has no weakness at all, they did not wait to approve it after seeing the WOM.
I have not heard from AUSA yet. In fact, I have not submitted "return of service" to the court yet. Now I have to figure out how to withdraw WOM, I guess. Spending $350 to get the card in 2 weeks, I consider it a good deal ;-)
By the way, do I still need to go do the fingerprint??
What should be my next step and thereafter?
The naturalization has not been remanded back to USCIS nor it has been re-opened as far as I understand. We are still in the process of basic rangling between lawyers. AUSA filed and answer to our complaint and requested for dismissal. USCIS did not make a determination about my GMC. AUSA thinks if I do not let him speak to my ex-wife, it is GMC issue. Why do I have to help him. He shall do his own investigation? Is not helping opposing party an issue of GMC? My lawyer is worthless? Any similar case law you have encountered? Please quote some case law on review of naturalization denial and also GMC.
What is the next step after AUSA files an answer? Do we request a summary judgment? Request for oral arguments? or request for trial? any jury involved? I beleive AUSA will fold, but still I need full course in Fed Court Procedures?
The naturalization has not been remanded back to USCIS nor it has been re-opened as far as I understand. We are still in the process of basic rangling between lawyers. AUSA filed and answer to our complaint and requested for dismissal. USCIS did not make a determination about my GMC. AUSA thinks if I do not let him speak to my ex-wife, it is GMC issue. Why do I have to help him. He shall do his own investigation? Is not helping opposing party an issue of GMC? My lawyer is worthless? Any similar case law you have encountered? Please quote some case law on review of naturalization denial and also GMC.
What is the next step after AUSA files an answer? Do we request a summary judgment? Request for oral arguments? or request for trial? any jury involved? I beleive AUSA will fold, but still I need full course in Fed Court Procedures?
Hey Guys .. They did approve my I-129F today and I don’t know what to do next. Do I need to wit for the approval of the I-130 also I need some help and advice please. By the way AUSA call my lawyer for 30 days extension to finish the cause and the 30 days is over by May 20th 2009
-130 - send 03/10/2008
Check Cashed 03/18/2008
NOA Received 04/04/2008
I-129F - send 04/15/2008
NOA Received 04/28/2008
WOM Filed in Seattle WA 02/08/2008
I-129F approved 04/30/2009
-130 - send 03/10/2008
Check Cashed 03/18/2008
NOA Received 04/04/2008
I-129F - send 04/15/2008
NOA Received 04/28/2008
WOM Filed in Seattle WA 02/08/2008
I-129F approved 04/30/2009
mustafa34kc
Registered Users (C)
thank you mustafa34kc .
if My I129F was approved and my I130 is still pending. What does this mean?
Does this mean my K3 got approved? Whats the next step? Should I contact NVC or will they contact me? and what about my (WOM) I need some helps and advice please ..I'm not exactly sure what the next step .
if My I129F was approved and my I130 is still pending. What does this mean?
Does this mean my K3 got approved? Whats the next step? Should I contact NVC or will they contact me? and what about my (WOM) I need some helps and advice please ..I'm not exactly sure what the next step .
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mustafa34kc
Registered Users (C)
Hi Liena .. I am not sure what that means. Have you tried to call the USCIS customer service ? Ask to talk to an IO and they should be able to look up your information on your case and the next step. Also, if the AUSA you been working with is nice, I would call him and talk to him about your case, he should be able to get hold of the right people at USCIS and get information from them. My AUSA was very helpful in my case
Congratulations! I think the hardest part is done for you and your sweetheart (just kidding, the hardest part starts after you get married
. I-130 approval should follow automatically after you get married, but it's hard to tell when. Do not dismiss your WOM to get I-130 approved as well.
In any case, your fiance does not need I-130 to get K-3 visa. USCIS will send approved I-129F to NVC.
If you haven't filled I-134 form (Affidavit of Support) yet, do it now and send it to your fiance.
Read what happens next here:
http://www.geocities.com/jgomes4551/approval.html
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This is great! Next time, don't be lazy
I do not think you have to go to the FP now unless previous FP has expired.
To dismiss WOM, file a notice of voluntary dismissal (simply say that you would like to dismiss the complaint voluntarily and that no answer has been filed yet) with certificate of service (send a copy to AUSA as I explained earlier).